FERS Medical Retirement Claims: Things We Didn’t Ask For

Perhaps the list is long; or, somewhat shorter than expected.  If it is a long list, one must question whether or not you actually didn’t ask for the items on the list.  If it is comfortably short, then it may reflect a greater control of one’s life.

Some things which the list may include: Financial problems; difficulties at work; a dog, a cat or some other stray animal having made it to your home; unruly kids; unappreciative kids; kids who never grow up.  Marriage often adds to the list — not because you don’t love your husband or wife, but because marriage is often an involvement of complex compromises where not everything is agreed to.

Can a shorter list reflect a greater capacity to control one’s life?  Perhaps — but the one column you cannot control is: A disabling medical condition.

That’s one of the things we didn’t “ask” for, although living a certain type of lifestyle may implicitly be interpreted as having “asked” for it, like: Jumping out of airplanes while being in the military (with later consequences of degenerative arthritis in the knees, for example); living in an unregulated state where upriver or downwind is a chemical pant spewing out dubious toxins which rain onto your lawn, forever killing anything and making those tomatoes a strange grey pallor, as in the state of Texas and perhaps some others; or of excessive use of drugs and alcohol in self-medicating for stressful issues, etc.

But, for the most part, a medical condition is one of those on “The List” which we didn’t ask for.

For Federal Gov. employees and U.S. Postal workers who suffer from a medical condition — whether you asked for it or not — the prospect of preparing a Federal Disability Retirement application under FERS may well be necessitated by one of those things you didn’t ask for.

When a medical condition prevents you from performing one or more of the essential elements of your job, it is time to ask for something which you need — a Federal Disability Retirement Annuity — because of that which you didn’t ask for — a medical condition.

Hopefully, your application with the U.S. Office of Personnel Management will fall into another known category: Of Ask, and You Shall be Granted: An approval, from OPM.  Contact a FERS Disability Lawyer who specializes in Federal Medical Retirement Law and begin the process of asking for a benefit which is your right under Federal Law.

Sincerely,

Robert R. McGill
Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.

 

FERS Disability Retirement from OPM: Presenting the Best Case

You can only work with the facts given; you cannot make it up; you cannot fabricate it; you cannot try and obfuscate — and in the end, it is often the case that presenting the best case is “enough”.

In life, with few exceptions, we learn how to “make do” with what we have gotten:  Whether of our birth, our looks, our talents, our personality, our charm, our brains, our so-called “gifts and talents”, etc.  Some possess a great abundance of whatever is needed; others, a paltry pittance.  A short period of “overcompensation” may produce, every now and again, a 5’6” basketball star, or a scrawny football player whose talents can compete with the best of them; but for the most part, “effort” cannot exceed “limitations”, whether of a physical or an intellectual level.

And so the rest of us are relegated to live in a perpetual milieu of mediocrity, despite our best efforts to conceal it, or for however long the glow of our parent’s constant accolades to furnish us with self-esteem beyond the reality of our true talents will last, reverberating in the echos of our memories — “You’re the best”;  “You can be anything you want to be”;  “Don’t worry, you’ll do better next time”.  Indeed, Americans are known to have a high degree of self-esteem in comparison to other countries, but concurrently lag behind in test scores for the “hard sciences”.

For Federal Gov. employees and U.S. Postal workers who suffer from a medical condition such that this medical condition prevents the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, sometimes presenting the best case possible is all that can be done.  Pain is subjective; psychological conditions are likewise not amenable to “objective” diagnostic testing; and perhaps you don’t have a fully-supportive doctor — and yet you simply cannot continue to work, anymore.

Sometimes, all that can be done is to present the best case, and if may well be that it is “enough” to get you past the U.S. Office of Personnel Management.  Contact a FERS attorney who specializes in Federal Disability Retirement Law and begin the process of initiating, preparing, formulating and filing the best case possible of a Federal Disability Retirement Case.

Sincerely,

Robert R. McGill
Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.

 

Federal Disability Retirement Law: The Comfort of Static

Comfort relies upon the known.  It is change which is most often uncomfortable.  The known chair or sofa where one reclines upon day after day; the familiarity of one’s home; the dog which greets with joy; the spouse who gives a hug; the workplace where one has spent one’s career — these are the static experiences of everyday life, and which brings comfort through stability and consistency.

Change — of moving; of changing careers; children leaving the home; the family dog no longer in good health; financial changes; old friends suddenly appearing in the obituary; these, and so much more, add to the stresses of one’s life, precisely because the comfort of static is suddenly lost.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal position, the comfort of static is lost as a result of the medical condition, the need to continue working, the loss of one’s health and the potential loss of one’s career.

Contact an OPM Disability Lawyer who specializes in Federal Disability Retirement Law, and begin the process of transitioning to a “new” comfort of static — of being an annuitant upon an approval of a Federal Disability Retirement application from the U.S. Office of Personnel Management under FERS.

Sincerely,

Robert R. McGill
Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.

 

FERS Disability Retirement Legal Assistance: The Letdown After

It is a positive thing to have goals; to set aside things, days, events, etc. to look forward to; to change up the monotony of daily living exercises and take a day off, go to visit a friend; but then the event, day, set-aside, etc., passes, and there is the letdown after.

Perhaps it is natural, or not; maybe it is to be expected.  In either case, whether natural or meta-natural, the severity of the emotional letdown often reflects the gap between expectation and reality.  For, isn’t that one of the foundational “keys” to happiness or discontent?

If our expectations are X and the reality which we encounter is also X, we are “happy”.  If, on the other hand, our expectations are X but the reality we experience is Y, then the “gap” between our expectations and the reality we must face will result in an emotion of discontent.

For Federal employees and U.S. Postal workers who look forward to the Holidays, the weekend, the next respite — the letdown after is palpable.  Why?  Because any future stopgap measures fail to attend to the foundational problems which create the gap between expectations and reality — one’s medical condition.

Consider filing for and applying for Federal Disability Retirement, a benefit which is there to solve the problem of an incompatibility between your medical conditions and the positional duties you must perform in your Federal or Postal job.  It is, in the end, the only solution for the letdown after.

Sincerely,

Robert R. McGill,

Lawyer exclusively representing Federal and Postal employees to secure their Federal Disability Retirement benefits under FERS from the U.S. Office of Personnel Management.

 

Postal & Federal Employee Disability Retirement: The Distorted Mirror

Have you ever looked at yourself in a distorted mirror?  You know, those which we encounter by chance — at an antique shop; an old hotel where the lobby hangs a mirror where the face expands horizontally while the body stretches vertically; or in one of those “fun houses” at a carnival — of distorted mirrors throughout as giggling children pass by with gleeful gibberish while wives and other women fret about how their reflections fail to flatter.

The distorted mirror is an object lacking objectivity, and is often deliberately meant to obfuscate the reality surrounding and instead to influence the subjective perspective in the very perceiving of the universe through a lens that misinterprets our surroundings.  We recognize the distortion of the distorted mirror; yet, we fail to recognize the distortion of our own subjective perceptions through error of thought.

Outside influences often help to distort our own thinking — like medical conditions which distort our perspective of the world in the same way that the distorted mirror contorts our own self-image.  With medical conditions — whether of physical or psychiatric — we tend to view the world in a more negative manner.

Contact a lawyer who specializes in Federal Disability Retirement Law under FERS, through the U.S. Office of Personnel Management, and don’t let the distorted mirror of a medical condition rob you of your future security because of fears of the unknown which can contort one’s view like watching one’s self in the distorted mirror.

Sincerely,

Robert R. McGill, Attorney
Federal Disability Retirement Lawyer

 

Disability Retirement under Federal Employees Retirement System (FERS): Continent of the Arbitrary

The metaphor encompasses an image of expansiveness; for, while a city, a town, and even a country can trigger an image which we can conceptually grasp, a “continent” — of Africa, Europe, Asia, North and South America, Australia and Antarctica — simply boggles the mind and goes beyond our ability to put our arms around it.

And “arbitrariness”?  Life is so arbitrary that it can only be conceptually linked to the image of a continent.  Where we were born; in what state of health we came into being; who we met; how we became who we are — is it all by chance, by circumstance; or, does fate and predestination by heavenly influence play any part of it?

“What fates impose, that men must needs abide; it boots not to resist both wind and tide” — Henry VI, Part 3, Act IV, Scene 4.

The arbitrariness of life is, indeed, a continent of despair, and medical conditions appear as merely another facet of arbitrary causes without reason — why does it hit some people at certain ages and not others; and in the end, where is the fairness of it all within this vast universe?

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of your Federal or Postal job, consider contacting a Federal Lawyer to initiate the complex administrative process of Federal Disability Retirement.

For, while your circumstances may be the result of a continent of the arbitrary, your obtaining of Federal Disability Retirement benefits under FERS need not be, and having a legal expert on your side may greatly enhance your chances of success and minimize the arbitrary nature of the bureaucratic process.

Sincerely,

Robert R. McGill, Lawyer

 

FERS Medical Disability Retirement: Problem Solving

We are not all that good at it; some, better than others; the rest of us, standing by as watchful bystanders.  Is problem-solving done by methodological discourse, or by random attempts of trial and error?

Certainly, for engineering and scientific challenges, esoteric training and background has an advantage; but did the first person who came to the end of a peninsula and observed an island just beyond — did the thought of a bridge or a boat appear because of some specialized knowledge, or simply out of one’s imagination?

In modernity, problems and their solutions tend to be compartmentalized into specialized areas of training.  Aside from problems of the run-of-the-mill character (family squabbles, teenagers, lost pets and a leaky faucet, etc.), most are challenges within a specified field of expertise.  We no longer live in a world where mysteries abound and explorers wonder (wander?) whether there is an edge at the far side of the oceans.

For Federal employees and U.S. Postal workers who have a problem with a medical condition which prevents the Federal or Postal worker from performing all of the essential elements of one’s Federal or Postal job, it may be time to call an expert in the field of Federal Disability Law and prepare, formulate and file an effective Federal Disability Retirement application.  For, problem solving is not merely a matter of a problem identified, but of a solution thoughtfully contemplated.

Sincerely,

Robert R. McGill, Esquire
FERS OPM Disability Attorney

 

FERS Medical Retirement: Adapting to inevitable change

Change is an inevitability in life.  Most people, if confronted with it, freely admit that they do not “like” changes.  Being static; doing things routinely; living by force of habit; having a “routine” — these provide a sense of comfort.  Change, of course, can be a good thing — whether of forced alteration for the good of an individual or circumstance, or voluntarily because a necessary modification was identified, resulting in a greater refinement of efficiency or adjustment towards greater perfection.

Can a life unchanged throughout long survive?  Nature itself and the evolutionary theory of adaptability provides a partial answer: Those species which failed to adapt to a changing environment became extinct; others who adapted, whether by natural selection or (in the case of human beings, presumably) by planning, were and are able to survive the vicissitudes of tectonic shifts of change.

There are, of course, those who thrive on change — we read about them in various accounts about people who love the thrill of daily tumults and the unpredictability of ordained routines, or lack thereof and the instability of a life replete with the “high” of adrenaline flow that never ceases.  Can there be people like that — of the high-wired, high-strung individual, and do they constitute the paradigm of how the human species was able to survive the spectrum of past climate changes ranging from devastating floods, shifts of weather and increase of temperatures?

There are macro-based changes and micro-based ones, depending upon one’s perspective.  Global modifications represent the macro; alterations in individual lives constitute the micro.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, the need to file for OPM Disability Retirement benefits under FERS may seem like a “micro” change to the outside world; but for the individual, it is a big deal, and how to adapt to the change that will come about in filing for Federal Disability Retirement benefits can be a major, tectonic shift in one’s life, and to prepare for adapting to such a change, you should consult with a FERS Attorney who specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement from the OPM: Formulating the argument

How does one formulate “the argument”?  Is it merely a reaction that comes naturally, like the person who has been tagged as one who is “constantly argumentative”?  Do all arguments need to provide a foundation of rational discourse — of coherence within an invective of counter-statements, and structure countermanding a deterioration of civility?

For example, when a person begins to answer the questions posed on SF 3112A, that is, the Applicant’s Statement of Disability, in preparing an effective Federal OPM Disability Retirement application under FERS — does one pause, consider the various answers that may be provided, and establish a methodology in proceeding to satisfy the question? Does the Federal or Postal employee contemplating filing for Federal Disability Retirement benefits consider first the consequences of one’s answers, and do you weave throughout a thoughtful argument for an approval?  Or, should the “argument” be filed via a separate Legal Memorandum, pointing out the relevant laws, citing the statues and quoting from various cases that have previously addressed the issues posed?

Most people who file for FERS Medical Retirement through the U.S. Office of Personnel Management fail to consider the preemptive arguments that should be made within the answers to questions posed on SF 3112A, and thus are denied at the First Stage of the process because the applicant thought that a simple question asked required a similarly-simple answer as requested.

Then, of course, when the Initial Denial of a Federal Disability Retirement application is received through the mail, the Second Stage of the process — the “Reconsideration Stage” — merits further formulation of legal arguments.  At whatever “stage” you are at — whether at the First and Initial Stage; the second, “Reconsideration” Stage; or even at the Third Stage, an Appeal with the U.S. Merit Systems Protection Board — formulating a coherent, cogent and rational argument that persuades OPM to approve the Federal Disability Retirement application is an important component in a winning FERS Medical Retirement application.

Remember — to file for Federal Disability Retirement benefits is not like having an argument with a friend or spouse; it is an argument which must be based upon facts, evidence, and legal precedents, and to have the best “shot” at it requires the hand of an Attorney who specializes in Federal Disability Retirement Law.

Sincerely,

Robert R. McGill, Esquire
FERS Disability Retirement Lawyer

OPM Disability Retirement under FERS: Seeking stability

It is the constant tension between Parmenides and Heraclitus — those Pre-Socratic philosophers who first looked for a metaphysical foundation in comprehending the complexity of the universe.  In general, the former is known for his view about the ”oneness” of the universe; the latter, famously attributed with the statement that “No man steps into the same river twice”.  Both address the issue of the encounter with “Being” as Being itself, and not for any particular being.

Do the perspectives and philosophical beliefs of such “ancients” matter to us today?  Of course, we have only mere fragments of the writings of both philosophers, and so any attribution of thought may be tenuous, at best.  Nevertheless, it is the ongoing and historical tension between the two lines of thought which has any relevance or applicability for the modern individual.  That tension has to do with the manner in which we live, the outlook of our perspectives and the human need for constancy in a universe that often seems to be in perpetual turmoil.

Whether on a “macro” scale — i.e., of world affairs, the domestic front or even local news — one needs only to turn on the television to recognize the multifarious troubles of daily life.  Or, on the “micro”, more personal side: perhaps the illness of a loved one; the loss of a job; interpersonal relationships deteriorating — or a medical condition that has become chronic, where a Federal or Postal employee is concerned.

We all seek stability — a view like Parmenides’ philosophy — where we seek to have a sense of calm and quietude.  But the fact is that reality seems to always favor Heraclitus — of life as a stream that changes minute-to-minute, and a medical condition represents just that: a state of constant flux where stability will not yield.

For Federal employees and U.S. Postal workers who need to find some stability in their lives, filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS, CSRS or CSRS Offset, is often the next logical step out of the turmoil and crisis that is created at work.

Seek the advice and counsel of a lawyer who specializes in Federal Disability Retirement Law in order to know your full rights.  Seeking stability in a world of turmoil is a very human need which we all desire, and for the Federal or Postal employee who can no longer perform one or more of the essential elements of his or her Federal or Postal job, the pathway of Parmenides is preferable to the rivers of Heraclitus.

Sincerely,

Robert R. McGill, Esquire